Özet:

This article analyses the interest shown by competition authorities in fighting bid-rigging cases, with the aim of illustrating – both at Italian and European level – the current common trends and whether competition authorities adopt specific measures to expand their enforcement against bid-rigging infringements. The article also focuses on the particular approach of the Italian Competition Authority, which recently analysed numerous bid-rigging cases involving omissive conduct (i.e., in which competitors agreed not to submit a bid) and adopted specific criteria to calculate fines when collusive conduct is alleged to have occurred in a public tender. Finally, the article provides a conclusive assessment of how to work towards a more uniform approach in fighting bid-rigging cases to strengthen public enforcement and avoid unnecessary proportionality distortions and violations of the equal treatment principle when quantifying fines.

Anahtar Kelimeler: